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ORACLE CORPORATION’S AMENDED CROSS-COMPLAINT AGAINST HEWLETT-PACKARD COMPANYCASE NO. 1-11-CV-203163
LATHAM & WATKINS
LLP
 Daniel M. Wall, SBN 102580Alfred C. Pfeiffer, Jr., SBN 120965Sadik Huseny, SBN 224659505 Montgomery Street, Suite 2000San Francisco, California 94111Telephone: 415.391.0600Facsimile: 415.395.8095ORACLE CORPORATIONDorian Daley, SBN 129049Deborah K. Miller, SBN 95527500 Oracle ParkwayM/S 5op7Redwood City, CA 94070Telephone: 650.506.5200Facsimile: 650.506.7114Attorneys for Defendant and Cross-ComplainantOracle CorporationSUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF SANTA CLARAHEWLETT-PACKARD COMPANY,Plaintiff,v.ORACLE CORPORATION,Defendant.ORACLE CORPORATION,Cross-Complainant,v.HEWLETT-PACKARD COMPANY,Cross-Defendant.CASE NO.
1-11-CV-203163
Action Filed: June 15, 2011Trial Date: April 2, 2012
ORACLE CORPORATION’S AMENDEDCROSS-COMPLAINT AGAINST HEWLETT-PACKARD COMPANY FOR(1) VIOLATION OF THE LANHAM ACT, 15U.S.C. § 1501 ET SEQ.;(2) VIOLATION OF CAL. BUS. & PROF.CODE § 17500 ET SEQ.;(3) VIOLATION OF CAL. BUS. & PROF.CODE § 17200 ET SEQ.;(4) DEFAMATION – LIBEL;(5) INTENTIONAL INTERFERENCE WITHCONTRACTUAL RELATIONS;(6) INTENTIONAL INTERFERENCE WITHPROSPECTIVE ECONOMIC ADVANTAGE;AND(7) FRAUD / EQUITABLE RESCISSION
Assigned for all Purposes toThe Honorable James P. Kleinberg
DEMAND FOR JURY TRIALPUBLIC REDACTED VERSION
 
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ORACLE CORPORATION’S AMENDED CROSS-COMPLAINT AGAINST HEWLETT-PACKARD COMPANYCASE NO. 1-11-CV-203163
Cross-Complainant Oracle Corporation (“Oracle”) alleges against Cross-Defendant Hewlett-Packard Company (“HP”) as follows:
PARTIES
1.
 
Cross-Complainant Oracle is, and at all times material to this action was, aDelaware corporation with its principal place of business and headquarters in Redwood City,California.2.
 
Cross-Defendant HP is, and at all times material to this action was, aDelaware corporation, with its principal place of business and headquarters in Palo Alto,California.
VENUE
3.
 
Venue is proper in Santa Clara County pursuant to California Code of Civil Procedure section 395.5 because HP’s principal place of business is situated in this County,the contract at issue was made and was to be performed in this County, and the conduct givingrise to HP’s liability arose in this County.
NATURE OF THE ACTION
4.
 
Oracle brings this amended cross-complaint seeking injunctive relief anddamages for unlawful injuries caused by HP. As set forth below, HP engaged in a multi-yearcampaign of secrecy and deception designed to conceal the truth about Intel Corporation’scommitment to the Itanium microprocessor in order to extend its Itanium server business atOracle’s expense and reap large profits from its own unsuspecting installed base of Itaniumusers. HP made false and misleading statements to Oracle, the public, analysts, the press,customers, potential customers and investors, all with the intent to mislead these audiences aboutthe vitality and future prospects of Itanium and material amounts of HP’s associated revenuestream. When Oracle announced the truth about Itanium—that Intel’s strategic focus was not onItanium but on its competing Xeon line of microprocessors, and that Itanium was nearing its endof life—HP reacted with a ferocious effort to foment false customer outrage and to vilify anddefame Oracle, all to buy itself more time to milk its customer base and falsely blame Oracle forItanium’s demise. HP’s false and misleading public statements violate section 43 (a) of the
 
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ORACLE CORPORATION’S AMENDED CROSS-COMPLAINT AGAINST HEWLETT-PACKARD COMPANYCASE NO. 1-11-CV-203163
Lanham Act, 15 U.S.C. § 1125(a), and California statutory and common law, in that theyconstitute false advertising, false statements of association, unfair competition and defamation.5.
 
Oracle also brings this cross-complaint because HP fraudulently inducedOracle to enter into an agreement—the Hurd Agreement
1
—in the context of a lawsuit HP filedagainst its former CEO, by concealing and misrepresenting the truth about Itanium, and byconcealing material information about HP’s imminent intent to hire Oracle antagonists to high-level HP executive positions. HP’s actions constitute extrinsic fraud. Oracle hereby seeksrescission of the Hurd Agreement.
FACTUAL ALLEGATIONS CONCERNING HP’S MISREPRESENTATIONS ANDDECEPTIONS CONCERNING INTEL’S COMMITMENT TO ITANIUMA. HP’s Campaign of Deceit Regarding the Status and Prospects of Itanium
6.
 
This cross-complaint arises out of a long-term effort by HP to prop up itsItanium-based computer server business—servers ironically sold under the name “Integrity.” HPhas deliberately misrepresented the current status and limited future “roadmap” for Intel’sItanium microprocessors, the chips that power Integrity servers.7.
 
Integrity is one of HP’s products marketed for customers running “missioncritical” applications. A broad range of computer servers handle “mission critical” loads, but HPhas promoted the notion that Integrity and some of its higher-end Xeon servers are “businesscritical servers,” which is also the name HP has given to its business unit (“BCS”) responsiblefor Itanium. Any customer looking to support the software applications handling the enterprise’sheaviest and/or most important workloads will be very sensitive to the future prospects for thetechnologies embedded in the servers it chooses. In general, such customers will not buy aserver whose underlying technologies are nearing their “end of life,” meaning the point of timewhen the technologies are being phased out in favor of newer and better alternatives.Technology companies often publish product roadmaps to indentify planned new innovationsand time frames for those innovations. Any indication that the technology’s sponsor is not
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Ex. A (Hurd Agreement (Sept. 20, 2010)).
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